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Middle East Cement Shipping and Handling Co. v. Egypt

Type of decisionAward
Date of decision12 April 2002
Tribunal
Karl-Heinz Böckstiegel (President)
Don Wallace Jr.
Piero Bernardini
Legal instrumentBIT between Egypt and Greece (1993)
Further information

Statements from this decision

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International Investment Treaties (IITs)
Protection of Investors under IITs
Expropriation and Standards of Protection
Expropriation
Legality of an Expropriation
Legitimate future expectations can be added to the market value of an investment if the claimant provides proof of concrete contracts and lost profits
Relationship of Standards of Protection Within a Single IIT
The standards of fair and equitable treatment and full protection and security can influence the rules on expropriation
Dispute Settlement Clauses
Fork in the Road Clauses
A fork in the road clause precludes admissibility only if the dispute brought to local courts concerns the same obligation as before the tribunal
Investment Treaty Arbitration
Jurisdiction
The Tribunal's Rights and Duties
A tribunal can only decide on disputes based on the IIT; it cannot assume the function of an appeal body regarding the application of local laws
Correct Claimant
The standing of a claimant is not questioned by the fact that its name is used with alterations in the documents
Procedural Questions
Burden of Proof
General remarks regarding the burden of proof
Further Problems
General remarks regarding the translation of documents
Damages and Interest
Further Problems
The claimant’s duty to mitigate damages is part of the general principles of law applicable under Article 42 ICSID Convention
ICSID Convention
Arbitration (Articles 36-55)
Article 42
General Remarks
Relationship between national and treaty law within Article 42 ICSID Convention
ICSID Arbitration Rules
Rules 33-38 - Written and Oral Procedures
Rule 34
Principles applicable regarding Rule 34
A tribunal has discretion to decide whether an independent expert opinion is necessary or whether estimation by the tribunal is a better procedural method under the circumstances

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